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Problem Child
me | 11/04/07 | lafroste

Posted on 11/04/2007 1:13:02 PM PST by lafroste

Hi all. I would like to solicit some advice. My employer of four months is reneging on the terms of my employment. I made full disclosure during my interview process, but they are claiming internal communication errors between HR and the hiring executive. I have technical expertise that they want, and they are trying to beat me up to get the info. They are a very large multi-national. They want me to violate existing contractual obligations, and are threatening dire legal consequences if they don't get their way. Any freepers want to help a david slay a goliath?


TOPICS: Your Opinion/Questions
KEYWORDS: employment; ip
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1 posted on 11/04/2007 1:13:03 PM PST by lafroste
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To: lafroste
"They want me to violate existing contractual obligations..."

Please explain.

2 posted on 11/04/2007 1:15:58 PM PST by OldEagle
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To: lafroste

Answer: D) Cannot be determined with the information given. ;o)


3 posted on 11/04/2007 1:17:15 PM PST by tsmith130
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To: OldEagle

I have an obligation to those that funded the original research. I have a contractural obligation to the original investors to protect their interests.


4 posted on 11/04/2007 1:17:48 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: lafroste

They want you to disclose info from a previous job?


5 posted on 11/04/2007 1:19:05 PM PST by durasell (!)
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To: lafroste
Quit.

Now.

6 posted on 11/04/2007 1:19:06 PM PST by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: tsmith130

The post was not intended to be a full disclosure. It was intended to solicit help that would require more personal communications.


7 posted on 11/04/2007 1:19:34 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: lafroste

Hi. See a local attorney who specializes in employment contracts. That’s the only way you’re going to get comprehensive AND competent advice.


8 posted on 11/04/2007 1:20:40 PM PST by Larry Lucido (Hunter 2008)
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To: lafroste

Any legitimate company, should in fact run the other way when faced with potentially violating intellectual property, of a competitor.

If your employer is pressuring you to violate a former employment non-disclosure agreement, you probably should find another place to work.


9 posted on 11/04/2007 1:21:06 PM PST by Cringing Negativism Network (I like Duncan Hunter)
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To: lafroste

You’re soliciting serious legal help on an internet forum?


10 posted on 11/04/2007 1:21:09 PM PST by durasell (!)
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To: E. Pluribus Unum

Good advice, and I am considering it. However they have pockets deeper than the Marianas trench. Perhaps something can be done with that.


11 posted on 11/04/2007 1:21:25 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: durasell

Sure, why not. FR has the sharpest minds on the planet.


12 posted on 11/04/2007 1:22:43 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: lafroste

Yeah, sure. Look, there’s only two options.

A)Spend the $400 an hour for a decent lawyer to fight them
B)Quit and find a new job.


13 posted on 11/04/2007 1:23:58 PM PST by durasell (!)
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To: lafroste

No. David slaying a Goliath! That is petty.

I would do the adult thing and resign, period. Notice I’m not telling you to do it, only what I would do if in your place. For me, no job is so important that unethical behavior, or illegal activities, need be tolerated. And you shouldn’t have to put up with being pooped on, either. Walk or run for the nearest exit, sweetie. You’ll live a longer and healthier life if you do.


14 posted on 11/04/2007 1:24:17 PM PST by SatinDoll
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To: lafroste
Is the information being demanded protected by a copyright or other legal means or contract?

The current employer has no right to intellectual property of another entity without grounds since you have knowledge of the information but not ownership.

Not a lawyer, best guess. You should ask a professional for help.

15 posted on 11/04/2007 1:26:24 PM PST by infidel29 (...no, actually rules are made to be followed, otherwise they'd be called "options".)
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Comment #16 Removed by Moderator

To: lafroste
My advice:

Seek employement with another firm.

Why would you want to remain with a large firm that is reneging on the terms of your employment?

Why would you want to remain with a firm that has such terrible "internal communication errors between HR and the hiring executive"?

And why in the world would you stay with any firm that wants you to violate existing contractual obligations? The company you are workikng for sound like a terrible employer.

And it also sounds, to me, as though even if you stay, fight, and win, you'll lose.

Find another employer.

17 posted on 11/04/2007 1:27:43 PM PST by Bob Loblaw
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To: lafroste

A person or organization that will ask you to cheat for them will also cheat against you. Might be time to move on...


18 posted on 11/04/2007 1:28:12 PM PST by GOPJ (Hillary can't stand up to Kucinich & Russert in a fair fight debate? Takes a war room for Hillary?")
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To: lafroste
Get legal help immediately. This needn't be particularly expensive unless you do end up in court and will save you from making mistakes that your employer's legal staff will try to get you to make. Sign nothing without consulting your attorney. Throw away nothing. Save your emails privately (these will disappear when the company wants them to) but be careful not to contravene corporate policy in so doing - that's one thing you need a lawyer for. Make copies of all written correspondence. Make certain you get a receipt for any company property in your possession that you return - laptops, cell-phones, etc, etc.

I went through something similar and found that they'll bluff unbelievably as long as it's verbal and in private but tend to back off when you demonstrate that you're prepared to defend yourself in court. Hope it doesn't come to that, but if it does remember that you can recover legal fees a a part of the settlement.

Good luck.

19 posted on 11/04/2007 1:29:01 PM PST by Billthedrill
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To: lafroste
Public embarrassment works wonders... but it's likely they'll think that you're bluffing, so they'll talk to the media first to get their version of the story out.

You can't "threaten" them with creating bad press, so just do it.

Find a local newspaper reporter (the big ones don't care) and tell your side in detail, making a rational argument that shows how unreasonable they are. Don't embellish or get personal, but don't tell anything less than the facts.

Humiliate them. Go for it!

20 posted on 11/04/2007 1:31:57 PM PST by SteveMcKing
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